Sherman v. Pollack
This text of 110 A.D.2d 833 (Sherman v. Pollack) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[834]*834It is undisputed that defendant was not the physician who treated plaintiff Karen Sherman on April 16, 1979, the date upon which the acts occurred which allegedly constitute the basis for the malpractice claim. Further, plaintiffs have not set forth any facts upon which defendant may be held vicariously liable for the actions of the physician who allegedly treated plaintiff Karen Sherman on April 16, 1979.
Under these circumstances, dismissal of the complaint is warranted. Titone, J. P., O’Connor, Rubin and Lawrence, JJ., concur.
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Cite This Page — Counsel Stack
110 A.D.2d 833, 488 N.Y.S.2d 243, 1985 N.Y. App. Div. LEXIS 48733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sherman-v-pollack-nyappdiv-1985.